November 23, 2022
Mr Karim A. A. Khan KC
Office of the Prosecutor
International Criminal Court
Oude Waalsdorperweg 10
The Hague, The Netherlands
Dear Mr. Prosecutor,
We, the undersigned, are Palestinian, regional, and international civil society organizations (CSOs), including those outlawed by Israel for our accountability work, monitoring and documenting violations of international law, including war crimes and crimes against humanity against Palestinian victims.
As the Prosecutor of the world’s permanent International Criminal Court (ICC), a court of last resort for victims of the most serious crimes, your mandate provides the opportunity, not only to investigate international crimes but also to monitor the situation investigated by your office and to perform an early warning function. In particular, the Office of the Prosecutor (OTP) policy paper provides for deterrent preventive statements that “will allow the Office to react promptly to upsurges of violence by reinforcing early interaction with States, international organizations and non-governmental organizations in order to verify information on alleged crimes, to encourage genuine national proceedings and to prevent reoccurrence of crimes.”
The OTP has issued multiple preventive statements on the situation in Palestine, including on the May 2021 escalation of violence in the Gaza Strip, and the West Bank, including East Jerusalem, and regarding the worsening situation in Gaza during the mass demonstrations of the Great March of Return in April 2018. The effectiveness of such statements in providing sufficient deterrence has been proven on several occasions, for example, when former Prosecutor Bensouda issued a preventive statement regarding the planned forced evictions of the Bedouin community of Khan al-Ahmar in the West Bank, the then-Israeli Foreign Minister confirmed that Israel did not evict Khan al-Ahmar out of concerns of an ICC investigation. This unequivocally shows that such preventive statements can provide sufficient deterrence.
There have been important missed opportunities for preventive statements in the past year. For example, no preventative statement was issued during the latest 3-day Israeli military offensive on the Gaza Strip between 5-7 August 2022, launched without clear provocation and which resulted in 49 casualties, including 35 civilians, of whom, 17 were children and 4 were women. Similarly, no such statements were issued when the Israeli military raided and assaulted worshipers at Al-Aqsa Mosque and Al-Haram Al-Sharif compound in occupied East Jerusalem, the third holiest religious site for Muslims. The incursions took place during Ramadan, the holiest month of the Muslim calendar, in an escalation that gravely threatened regional peace and security. Notably, a statement from the Prosecutor –that the OTP is monitoring the situation and that any serious crimes committed may be included in your office’s investigation– can provide the required deterrence and help reduce Palestinian victims’ suffering.
On 22 October 2021, Israel’s Defence Minister designated six prominent Palestinian civil society organizations as “terrorist organizations”. The designations have been internationally condemned by the European Union, several State Parties, and UN Experts including the UN Special Rapporteur on Counter Terrorism, and the UN High Commissioner on Human Rights, amongst others. Three of these organizations, namely Al-Haq, Addameer, and Defense for Children International – Palestine, have been providing the OTP with information regarding alleged serious crimes committed by Israeli nationals within the jurisdiction of the Court.
The designation of the leading Palestinian civil society organizations is the latest in an orchestrated campaign of repression against the organizations, apparently in large part because of their constructive engagement with your office. In its 2016 report on preliminary examination activities, your office acknowledged, without attributing the threats to a particular source, that “staff members of certain [Palestinian] organizations that have gathered information of relevance to the Office of the Prosecutor’s preliminary examination, such as Al-Haq and Al Mezan, have been subjected to threats and other apparent acts of intimidation and interference”. We note that the Apartheid Convention, which should be used a guide in interpreting this definition, specifically lists as an “inhuman act” of apartheid, the “persecution of organizations and persons by depriving them of fundamental rights and freedoms, because they oppose apartheid”.
On 18 August 2022, Israeli forces raided the headquarters of the six organizations: Al-Haq, Addameer, Defence for Children International – Palestine, the Bisan Center for Research and Development, the Union of Palestinian Women’s Committees and the Union of Agricultural Work Committees, along with the Union of Health Work Committees. The Israeli military confiscated computers and equipment, sealed entrance doors and formally closed the organizations under military orders. Such acts by the Israeli military of “tampering with or interfering with the collection of evidence”, when at the trial stage, for example, may amount to “offences against the administration of justice” as stipulated by Article 70 of the Rome Statute.
As you are well aware, Israel systematically denies many international organizations access to the occupied Palestinian territory, including the UN Special Rapporteurs and Commissions of Inquiries. As a result, one of the only ways the international community and the relevant investigative bodies, including the ICC, have access to the victims and communities in Palestine is through Palestinian CSOs. Although Israel’s targeting of these organizations could hinder the work of the ICC, there has been no public reaction by your office. We recall that when the Court and its staff were threatened and sanctioned, by the Trump administration under US Executive Order 13928, civil society and human rights defenders from across the world, including ourselves, stood up for the Court and called on the threats to stop and sanctions to be rescinded.
Palestinian CSOs have been submitting vital communications to your office and played a pivotal role in advocating for the State of Palestine’s accession to the Rome Statute. Palestinian organizations will continue to support the ICC in its efforts to end impunity. Though mindful of the Court’s limited resources and budgetary complications, as well as your office workload and challenges, we are compelled to stress that Palestinian victims deserve justice and require equal attention as in other situations. Thus, we, including signatories who are representatives of Palestinian victims, urgently invite you to conduct a visit with your team to the occupied Palestine territory, i.e., the West Bank including East Jerusalem and the Gaza Strip. The duty to defend and promote Palestinian victims' rights to access justice is a shared one. To that end, we will continue our cooperation with your office and our support of your investigation into the Situation in the State of Palestine.
In conclusion, as part of your ongoing investigation, we call on your Office to:
- Publicly condemn and call for the rescinding of Israel’s designations of Palestinian CSOs;
- Publicly affirm that the alleged crimes committed during Israel’s unprovoked military offensive on Gaza in August 2022 will be scrutinized as part of your investigation into the Situation in Palestine
- Urgently expedite your investigation into the Situation of Palestine, including the crimes against humanity of apartheid and persecution;
- Issue preventive statements to deter Israeli practices that may contribute to ongoing crimes against humanity and war crimes, entailing that all alleged crimes committed in Palestine, including the persecution of Palestinian organizations as an inhumane act of the crime against humanity of apartheid, will be examined by your office and included in its current investigation.
- Operating under Part 9 of the Rome Statute, call upon Jordan and Palestine, as ICC States Parties, and other non-state parties, including Egypt, to cooperate with your Office in facilitating the opening of a country office in Palestine, and in arranging an urgent visit to Palestine, especially to Gaza; and
- Take appropriate action, within the confines of the exercise of your mandate under the Rome Statute, with a view towards preventing and deterring the commission of war crimes and crimes against humanity in the situation in Palestine.
We remain at your disposal and stand ready to provide further information to assist your investigation.
Yours sincerely,
- Al-Haq, Law in the Service of Mankind (Al-Haq)
- Al Mezan Center For Human Rights
- Addameer Prisoner Support and Human Rights Association (Addameer)
- Defense for Children International – Palestine (DCI-P)
- Bisan Center for Research and Development (Bisan Center)
- The Union of Agricultural Work Committees (UAWC)
- The Union of Palestinian Women Committees (UPWC)
- Health Work Committees (HWC)
- Abdel ـ Shafi Community Health Association (ACHA)
- Act for Conflict Resolution
- Afaq Jadeeda Association
- Afkar Foundation for Educational and Cultural Development
- Agricultural Guiding and Awareness Society
- Aisha Association for Woman & Child Protection
- Al Awda Health and Community Association
- Al Foukhary Association for Development and Culture
- Al Mada Foundation for Community Development through the Arts
- Al Najda Social Association
- Al Sattar Garbee Association for Developing Countryside and Farmer
- Alahleya Society for Development of Palm and Dates
- Alanqaa Association for Community Development
- Al-Atta Charitable Society
- Al-Awda Center for Childhood and the Youth Rehabilitation
- Al-Dameer Association for Human Rights –Gaza
- Al-Ghad al-Jadid Center for Palestinian Democratic Youth
- AL-Karmel Cultural and Social Development Association
- Almanal Society for Developing the Rural Women
- Almuntada Cultural Center in Beit Annan
- Alrowwad for cultural and arts society
- Al-Taghreed Society for Culture and Art
- American Friends Service Committee (AFSC)
- Amnesty International
- Applied Research Institute/ ARIJ
- Arab Agricultural Engineers Association.
- Arab Center for Agricultural Development
- Arab Centre for Agricultural Development (ACAD) /Ramallah – Gaza
- Arab Women's Union Society
- Asociación Americana de Juristas/ American Association of Jurists (AAJ)
- Asociación Venezolana de Juristas, Venezuela.
- Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP)
- Association France Palestine Solidarité (AFPS)
- Association Switzerland Palestine
- Atfaluna Society for Deaf Children
- BADIL - Palestinian Resource Center for Residency and Refugee Rights
- Bait Al Mostaqbal Association
- Basma Society for Culture and Arts
- BDS Netherlands
- Belgian Campaign for Academic and Cultural Boycott of Israel (BACBI), Belgium.
- Boycott Israel Network (UK)
- Burj Alluqluq Social Center Society
- Cairo Institute for Human Rights Studies.
- Canadian BDS Coalition
- Canadians for Peace and Justice in Kashmir (CPJK)
- CAPJPO-EuroPalestine (France)
- Care for Children with Special Needs Society- Nablus
- Care Project Association
- Center for Defense of Liberties and Civil Rights
- Center for Laboural Studies
- Central Blood Bank Society
- Centre for Constitutional Rights (CCR)
- Centre for Research on Multinational Corporations (SOMO)
- Child Care and Mother Guidance Association
- Crystal Palace Friends of Palestine
- Deir El Balah Social & Cultural Center
- Democracy and Workers' Rights Center
- Democracy for the Arab World Now (DAWN)
- Dr Haider Abdel Shafi Center for Culture and Development
- ECCP - European Coordination of Committees and Associations for Palestine
- Economic and Social Development Center of Palestine
- El Amal Rehabilitation Society--Rafah
- El- Maghazi Cultural Center
- El Wafaa Charitable Society
- El Wedad Society for Community Rehabilitation
- Elia Youth Foundation
- European Legal Support Center (ELSC)
- Family Planning and Protection Association
- Football against Apartheid
- Future Builders Forum
- Future Youth Foundation
- Gaza Community Mental Health Program
- Gaza Culture & Development Group
- General Federation of Palestinian Handicapped
- Ghassan Kanafani Development
- Giuristi Democratici
- Good Shepherd Collective
- Hadaf Center For Human Rights
- Hanan for Culture and Social Development Association
- Hawwa' Center for Culture and Arts
- Health, Development, Information and Policy Institute
- Human Rights and Democracy Media Center "Shams"
- Human Rights Watch
- Indian Association of Lawyers
- International Association of Democratic Lawyers
- International Centre of Justice for Palestinians
- International Commission of Jurists, the Norwegian section (ICJ Norway)
- International Federation for Human Rights (FIDH)
- Ireland-Palestine Solidarity Campaign
- Jabalia Rehabilitation Society
- Jerusalem Legal Aid Center
- Jewish Network for Palestine (UK)
- Jewish Voice for Peace
- Jewish Voice for Peace Health Advisory Council
- Just Peace Advocates/Mouvement Pour Une Paix Juste
- Kairos Sabeel Foundation Netherlands
- Khalil Sakakini Cultural Center
- Khuza'a Permaculture Center Association
- Labor Resources Center
- Land Research Center
- Leeds Palestine Solidarity Campaign
- Liverpool Friends of Palestine
- Ma'an Development Center/Gaza
- Ma'an Development Center/Ramallah
- Medical Relief Association
- Mothers' School Society
- MRAP (Mouvement contre le Racisme et pour l'Amitié entre les Peuples)
- Muwatin Institute for Democracy and Human Rights
- National Lawyers Guild International (U.S.)
- National Society for Rehabilitation
- Nawa for Culture and Arts Association
- Nederlands Palestina Komitee
- New Weapons Research Group. Odv, Italy
- Norwegian Confederation of Trade Unions (LO-Norway)
- Norwegian Union of Municipal and General Employees
- Novact (Spain)
- Organización Sures
- Palestine Committee of Norway
- Palestine Solidarity Campaign (PSC)
- Palestinian Agricultural Development Association
- Palestinian Association for Development and Construction (PADR)
- Palestinian Businesswomen's Association
- Palestinian Center for Development and Media Freedoms (MADA)
- Palestinian Center for Growth and Human Development
- Palestinian Center of Organic Agriculture
- Palestinian Centre for Human Rights
- Palestinian Counselling Center
- Palestinian Developmental Women Studies Association
- Palestinian Farmers Union
- Palestinian Hydrology Group
- Palestinian Society of Hemophilia Diseases
- Palestinian Woman’s Union
- Palestinian Working Women Society for Development
- Palestinian Youth Union
- PAX Organizations for Peace (PAX)
- Perdana Global Peace Foundation.
- PNGO Coalition
- Popular Art Centre
- Protecting Palestinian Families (UK)
- Public Aid Society
- Right to Live Society
- Rural Women’s Development Society
- Sadaka-the Ireland Palestine Alliance
- Sareyyet Ramallah-First Ramallah Group
- Sawa Foundation "All women are together today and tomorrow"
- Science & Culture Center
- SE London and Lewisham Friends of Palestine
- Sheffield Palestine Solidarity Campaign (UK)
- Siwar for Culture and Arts Society
- Society for the Care of Disabled Families
- Society of Remedial Education Centre
- Suds – Associació Internacional de Solidaritat i Cooperacció (Spain)
- Tamer Institute for Community Education / Gaza
- Teacher Creativity Center
- Thalassemia Patients Friends' Society
- The Assembly Benevolent of Operation
- The Culture and Free Thought Association
- The Democracy and Workers' Rights Centre/Gaza
- The Eastern Association for Agriculture
- The European Coordination of Committees and Associations for Palestine (ECCP)
- The National Commission for the Independence of the Judiciary and the Rule of Law "Istiqlal"
- The National Society for Democracy and Law
- The Norwegian Initiative Defend International Law
- The Palestinian Academic Society for the Study of International Affairs
- The Palestinian Center for Peace and Democracy
- The Palestinian Center for the Independence of the Judiciary and the Legal Profession
- The Palestinian Hydrology Group/Gaza
- The Palestinian Institute for Communication and Development
- The Palestinian Women’s Development Center
- The Palestinian Working Women Society
- The Rights Forum
- The Society for Care of the Handicapped
- The Society of St. Yves
- The Society of Women Graduates in Gaza Strip
- Treatment and Rehabilitation Center for Victims of Torture
- Trocaire
- UJFP (Union juive française pour la paix)
- Union of Health Care Committees
- Union of Palestinian Medical Relief Committees - Gaza.
- Wassel Center for Youth Development
- Women and Family Affairs Center
- Women for Life Association
- Women in Black Vienna, Austria
- Women’s Studies Centre
- Women's Affairs Center /Gaza
- Women's Affairs Technical Committee
- Women's Center for Legal Aid and Counselling
- Young Women's Christian Association
- Youth Development Foundation
- Youth Development Society
